Opinion
3600.
Decided May 11, 2004.
Judgment, Supreme Court, Bronx County (Edward Davidowitz, J. at suppression hearing; Joseph Fisch, J. at plea and sentence), rendered December 12, 2001, convicting defendant, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, Brooklyn (Katheryne M. Martone of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jillian Wieder of counsel), for respondent.
Before: Nardelli, J.P., Lerner, Friedman, Gonzalez, JJ.
Defendant's valid waiver of his right to appeal forecloses review of his suppression claim ( People v. Seaberg, 74 N.Y.2d 1, 9-10; People v. Graham, 220 A.D.2d 215, lv denied 87 N.Y.2d 1019) . In any event, were we to find that defendant did not make a valid waiver, we would reject his suppression arguments.
Since we are affirming defendant's New York County conviction, his argument that, in the event of a reversal of that conviction, the instant conviction should likewise be reversed has been rendered academic.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.